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Section 17-17-12 – Notification to victim of accused’s motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal; notifications regarding death penalty cases; victim’s rights retained at new trial or on appeal

May 11, 2021 | Criminal Procedure, Georgia

(a) Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following:

(1) That the accused has filed a motion for new trial, an appeal of his or her conviction, or an extraordinary motion for new trial;
(2) Whether the accused has been released on bail or other recognizance pending the disposition of the motion or appeal;
(3) The time and place of any appellate court proceedings relating to the motion or appeal and any changes in the time or place of those proceedings; and
(4) The result of the motion or appeal.
(b) The Attorney General shall notify the prosecuting attorney of the filing of collateral attacks on convictions of this state which are being defended by the Attorney General.
(b.1) In cases in which the accused is convicted of a capital offense and receives the death penalty, the Attorney General shall:

(1) Notify the prosecuting attorney and upon the written request of the victim notify the victim of the filing and disposition of all collateral attacks on such conviction which are being defended by the Attorney General, including, but not limited to, petitions for a writ of habeas corpus, and the time and place of any such proceedings and any changes in the time or place of those proceedings; and
(2) Provide the prosecuting attorney and upon the written request of the victim provide the victim with a report on the status of all pending appeals, collateral attacks, and other litigation concerning such conviction which is being defended by the Attorney General at least every six months until the accused dies or the sentence or conviction is overturned or commuted or otherwise reduced to a sentence other than the death penalty.
(c) In the event the accused is granted a new trial or the conviction is reversed or remanded and the case is returned to the trial court for further proceedings, the victim shall be entitled to request the rights and privileges provided by this chapter.

OCGA § 17-17-12

Amended by 2010 Ga. Laws 403,§ 14, eff. 7/1/2010.
Amended by 2003 Ga. Laws 37, § 4, eff. 5/27/2003.
Amended by 2002 Ga. Laws 910, eff. 5/15/2002.